What are 'Off-Premises Activities' collectively referred to for Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 BEN & JERRY'S grants to OPERATOR the right, but not the obligation, to engage in off-premises activities, including scooping at festivals, fairs, concerts, sporting events and other events ("Special Events"), scooping at customers' homes, offices, celebrations and other locations ("Catering") (hereinafter, Special Events and Catering are collectively referred to as "Off-Premises Activities"), delivery by third parties (e.g., Uber Eats, GrubHub and DoorDash) to customers' homes, offices and other locations ("On-Demand Sales"), and the scooping of Products from a mobile scooping facility such as a truck or trailer ("Mobile Vending") provided that such Off-Premises Activities, On-Demand Sales and Mobile Vending are held within the Territory specified in Exhibit A, and are conducted in accordance with the terms and conditions stated in this Agreement and as may be set forth in BEN & JERRY'S Confidential Operating Manual (the "Manual"), which is more fully described in Section 9 hereof, or otherwise by BEN & JERRY'S in writing.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, 'Off-Premises Activities' collectively refer to 'Special Events' and 'Catering'. Ben & Jerry's franchisees have the right, but not the obligation, to engage in these activities within their specified territory, as detailed in Exhibit A of the Franchise Agreement.
Special Events encompass scooping at festivals, fairs, concerts, sporting events, and other similar gatherings. Catering involves scooping at customers' homes, offices, celebrations, and other locations. These activities, along with On-Demand Sales (delivery by third parties) and Mobile Vending (scooping from a mobile facility), are subject to the terms and conditions outlined in the Franchise Agreement and Ben & Jerry's Confidential Operating Manual.
Ben & Jerry's retains certain rights regarding Off-Premises Activities, including the ability to conduct these activities themselves or grant the right to another operator. If Ben & Jerry's desires to conduct scooping at an Off-Premises Activity within a franchisee's territory, they must first send the franchisee a 'Request for Notice'. The franchisee then has a limited time to respond with a 'Notice of Intent to Scoop'.
If a Ben & Jerry's franchisee wishes to conduct Off-Premises Activities outside their designated territory, they must obtain prior written approval from Ben & Jerry's. This permission can be revoked if Ben & Jerry's later grants territorial rights to another operator in the area where the activity is taking place. Franchisees must adhere to guidelines and requirements in the manual, including those related to insurance coverage, event size, duration, and vehicle use.